AI Structured Summary
Not yet generated for this judgment
Judgment
Application is registered based on a letter petition received by email.
The grievance of the applicants in the present letter petition is that illegal sand mining is being carried out in the area of Samra Labheda Panchayat every day which is eco-sensitive zone of Balmiki Tiger Reserve and the concerned officers/officials are not taking any action despite making of complaints to them repeatedly.
Vide order dated 21.09.2022, this Tribunal constituted a Joint Committee with direction to verify the factual position and submit its report.
In compliance thereof, Factual and Action Taken Report was filed by the BSPCB vide email dated 13.12.2022. The relevant part of the report is reproduced below:-
“FACTUAL AND ACTION TAKEN REPORT ON BEHALF OF JOINT COMMITTEE CONSTITUTED VIDE ORDER DATED 21.09.2022 PASSED IN O.A. NO. 587 OF 2022.
X X X X
That pursuant to passing of the order a meeting of the joint committee was convened on 20.10.2022 & 26.10.2022. In the said meeting it was decided that the site visit will be undertaken on 03.11.2022.
That following members of the joint committee undertook the site visit:-
(a) For District Magistrate, West Champaran,
Sri Rajiv Member
Kumar Singh ADM, Bettiah.
(b) For Director Mines and
Geology Department, Member
Dr. Ghanshyam Jha, District
Mineral Development Officer,
Bettiah, West Champaran.
(c) Bihar State Pollution Control Board
through Sri Sain Kumar, Regional Officer,
Muzzafarpur. Member
(d) For DFO, Mr. Sunil Kumar,
Range Officer of Forests,
Forest Division Bagaha,
Forest range, West Champaran. Member
(e) Mr. Umesh Prasad Ram, Member
Range Officer of Forests,
Madanpur Forest Range Division-2,
VTR.
Apart from above members following officer of District Administration were also present for inspection
(f) Dr. Anupama Singh, SDM, Bagaha, West Champaran.
(g) Sir S.P. Roy, Regional Officer, Barauni, State PCB.
(h) Md. Rashid Enam, Mines Inspector, Bettiah, West Champaran.
(i) Mr. Shashi Shekhar Chauhan, SHO, Balmiki Nagar Police Station.
(j) Mr. Rajeev Kumar Singh, SHO, Piprashi Police Station.
(k) Mr. Abhinandan Kumar Singh, Circle Inspector, Dhanaha Police Circle.
On site visit, the joint committee learnt that there were 36 sand mining ghats till 2021 in the district of West Champaran including Semralabdeha Ghat. Environmental Clearance (EC) was granted for mining sand from Semralabdeha Ghat vide its Ref No. 102, dated 21.04.2016 and Consent was granted by the State PCB vide its Memo No. T-4386, dated 27.04.2016.
Eco Sensitive Zone (ESZ) for the Valmiki Tiger Reserve (VTR) was notified notification dated 13.09.2017 and amendment notification no. 2560, dated 09.07.2021. In the aforesaid notification Semralabdeha Ghat finds mention at Sl. No. 295 and as such the said ghat was notified as eco-sensitive zone. Further vide notification dated 13.09.2017 a committee of 13 members has been constituted for effective monitoring of ESZ. The DFO, VTR, Division-I/II has been made Member Secretary of the ESZ management committee and an authority to file complaint against violator under Section 19 of the Environment (Protection) Act, 1986.
The District Magistrate, West Champaran, requested SEIAA, Bihar, for rejection of EC of 16 sand ghats which fall under ESZ of VTR vide his letter no. 620, dated 17.09.2021. Accordingly mining lease was extended for only 20 sand ghats and 16 sand ghats which were falling under ESZ were not leased for sand mining.
That at present illegal sand mining is not being done and the applicant/complainant informed that illegal sand mining was being carried six month ago. Also, some other villagers also stated that sand mining was being done earlier and not at present.
That there was complaint regarding illegal sand mining on Semralabdeha sand ghat against which a FIR has been lodged in P.S. – Piprasi. The same came to be registered as Piprasi P.S. case no. 51 of 2022.”
Vide order dated 06.01.2023 notices were ordered to be issued to the respondents and presence of the Divisional Forest Officer and the District Magistrate, Balmiki Nagar, Bihar before this Tribunal physically or through VC was ordered.
In compliance thereof Mr. Kundan Kumar, IAS, District Magistrate, West Champaran, Bettiah, Dr. Neeraj Narayan, IFS, DFO-cum-Deputy Director, Valmiki Tiger Reserve, Division-II, Mr. Pradyumn Gaurav, IFS, DFO, Bettiah, West Champaran have appeared through VC and we have interacted with them.
Response has been filed by DFO-Cum-Deputy Director, Valmiki Tiger vide email dated 28.02.2023 and similar response has been filed by DFO, Bettiah, West Champaran, Bihar vide email dated 06.03.2023. The relevant part thereof is reproduced as under:-
“X X X X
Site's Description :
The extent of the Eco-Sensitive Zone (ESZ) varies from 0 metre to 09 k.m. from boundary of the Valmiki Tiger Reserve (VTR), zero extent is towards western side sharing interstate boundary with Uttar Pradesh and towards northern side sharing international boundary with Nepal. The Map of the sanctuary demarcating the ESZ boundary and the geo co-ordinates are attached as annexure 1 and Annexure IA in the notification S.0 3026(E) dated-13.09.2017 of the Ministry of the Environment, forest & Climate Change (EFCC), New Delhi. Semralabedha (27°8'46.645" N, 84°0'8.654" E) which is falling within the Eco-Sensitive Zone (ESZ) of Valmiki Tiger Reserve is listed at SI no.-295 of the above cited the Gazette of India. (Annexure-I).
Semralabedha Ghat situated at the bank of river Gandak, Semralabedha panchayat, P.O.-Semralabedha, P.S.-Piprasi, District- West Champaran, Bihar. The West champaran district boundary is surrounded by hilly region of Nepal in North. The hills contain large stretches of forest. The streams from hills bring down huge quantities of sand during monsoon. This district has a rich source of minor mineral mainly river made material (sand).
Proceeding:
I. The concerned site in question falls in the Eco-Sensitive Zone of Valmiki Tiger Reserve and it comes under the Jurisdiction territorial of Bettiah Forest Division, Bettiah, West Champaran and the concerned forest range is Bagaha forest range of Bettiah Forest Division. Semralabedha Ghat is a sand Ghat and it is not a notified forest land, due to which necessary action was taken by the mining department office.
II. The mining lease for Semralabedha Sand Ghat was cancelled by the mining department in compliance to the Eco-Sensitive Zone of Valmiki Tiger Reserve notification S.O-3026 (E) dated-13.09.2017 followed by an amended notification S.0-2765 (E)- dated 09.07.2021. (Annexure-II)
III. In relation to prohibition of illegal sand mining work in Semralabedha Panchyat, the undersigned has written to competent authority, Mineral Development Officer, West Champaran, Bettiah vide letter no.-933 dated: 04.06.2022 & Letter no.-1012 dated: 20.06.2022 and requested official to take strict action against it. (Annexure-III)
IV. A FIR was lodged by Forester, Madanpur-Cum-Naurangia Forest Beat, Valmiki Tiger Reserve, Divison-02, Bettiah against the violators in concerned Piprasi Police Station, Bagaha, Police District (West Champaran) vide letter no.-38 dated 22.06.2022. Which came to be registered as Piprasi P.S. case no.-51/22 against
Rameshwar Bin S/o Sri Bhawat Bin, At-Bhashia, P.S-Piprasi, District-West Champaran, Bihar.
Sri Vinod Yadav, At-Bansgaon, P.S.-Patkhailia, Bagaha, District- West Champaran, Bihar.
Sri Dinesh Jaysawal, S/o- Sri Mohan Jaysawal, At-Chhitouni, P.S-Hanumanganj, District- Kushinagar (UP).
Sri Ramnath Gupta, S/o- Sri Dev Narayan Gupta, At-Chhitouni, P.S-Hanumanganj, District- Kushinagar (UP).
Sri Raju Roniyar, At- Chhitouni, P.S- Hanumanganj, District- Kushinagar (UP). (Annexure-IV)
V. Undersigned raised this issue and requested to the Superintendent of Police (SP), Bagaha, West Champaran, vide letter no.-1064 dated:28.06.2022 regarding lodging of FIR & taking strict action for prevention of illegal sand Mining being done in ESZ (within 0 metre to 09 k.m. form forest boundary) of Valmiki Tiger Reserve. (Annexure-V)
VI. In this regard, the undersigned also informed about this issue to Conservator of forest-cum-Field Director, Valmiki Tiger Reserve, Bettiah, West Champaran and mentioned the action taken by him vide letter no.-1942 dated: 20.10.2022 & letter no.-1971 dated:26.10.2022. (Annexure-VI)
VII. In this regard, a meeting was organized by the Conservator of Forest-Cum-Field Director, Valmiki Tiger Reserve, Bettiah office on 21.10.2022, in which Conservator of Forest-Cum-field Director, DFO-Cum-Deputy Director, Valmiki Tiger Reserve, Division-02, Bettiah, DFO Bettiah Forest Division
& Mining Inspector, representative of District Mining Officer, West Champaran, Bettiah participated and further necessary action taken by them in this regard was discussed. (Annexure-VII)
VIII. Local villagers Sri Sudarshan Nishad, Sri Kaushal Kumar, Sri Rajmangal Bind, Sri Tirath Raj Kushwaha, Sri Krishna Kumar Ram and others register there statement before joint committee constituted by Hon'ble National Green Tribunal (NGT) that illegal sand mining was carried on before the floods about six months ago. In the outcomes under the observation of Joint committee, there was no sand storage and no any mechanical equipment engaged in sand mining activities found on the bank of Gandak River in the area under reference.
IX. A joint inspection of the site under reference was held on 8th February 2023 by DFO-Cum-Deputy Director, Valmiki Tiger Reserve, Division-02, Bettiah, DFO Bettiah, Bettiah Forest Division, District Magistrate, Bettiah, Superintendent of Police, Bagaha and Mineral Development Officer, Bettiah. There was no any mechanical equipments, sand extraction and sand storage evidence found on the concerned site. This detailed inspection of the Semralabedha site confirmed no mining activity is being carried out at the site.”
Response by Director, Mines and Geology Department, Government of Bihar has been filed vide email dated 15.03.2023. In the response, it has been submitted that in compliance of order dated 21. 09.2022 passed by this Tribunal, the Joint Committee conducted Joint Inspection/site visit on 03.11.2022 and no illegal sand mining was found. FIR No. 51/2022 has been registered regarding illegal sand mining in Semra Labdeha in Piprasi PS. The District Magistrate, West Champaran inspected the site in question on 08.02.2023 along with Superintendent of Police Divisional Forest Officer and other Officers. During inspection on 08.02.2023 neither mining activates nor any sign of illegal mining was found. It was also decided by the District Magistrate, West Champaran to establish a check post in this area. The Mines Inspector, West Champaran also conducted regular inspection to ensure that no illegal mining is conducted. Rule 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2021 has been amended for levying compensation to deal with cases of illegal sand mining in the entire State in conformity with the order dated 26.02.2021 passed by this Hon’ble Tribunal in OA No. 360/2015 in the matter of National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat).
Response by the District Magistrate, West Champaran has been filed vide email dated 16.03.2023. In his response, the District Magistrate, West Champaran has submitted that the Joint Committee visited the site on 03.11.2022 and verified the documents and found that Semra Labedaha Ghat was one of the 36 sands mining Ghats till 2021, and on the recommendation of SEAC, Environmental Clearance (EC) was granted for mining vide Ref. No.102 dated 21.04.2016 to the settlement holder namely M/s Singh & Giri Infrastructure Pvt. Ltd. for 3.59 Hq. The Department has issued notification no. 3026 (E), dated 13.09.2017 regarding Eco Sensitive Zone (ES2) for the Valmiki Tiger Reserve (VTR). In the said list Sera Labedaha was mentioned at serial number 295. Amendment was made vide notification no. 2560, dated 09.07.2021. In view of the amendment, the District Magistrate, West District Champaran at Bettiah vide his letter no. 620, dated 17.09.2021 requested SEIAA, Bihar for cancellation of Environmental Certificate of 16 sand mining ghats including Semra Labedaha sand mining ghat, which falls under the eco sensitive zone of Valmiki Tiger Reserve and accordingly mining lease was extended for 20 sand ghats excluding the remaining 16 sand mining ghats. The Joint Committee inspected the site in presence of the applicant and no mining was found at the site in question. The District Magistrate, West Champaran at Bettiah made surprise visit to Semra Labedaha Ghat on 08.02.2023 along with the Superintendent of Police, Bagaha (West Champaran), the District Forest Officer, Division-II, the Additional Collector, West Champaran at Bettiah, the Sub-Divisional Officer, Bagaha, the Circle Officer, Piprasi Anchal, the S.H.O. Piparasi and Inspector level officers, Mines and Geology Department. After the site visit inspection note has been issued vide memo no. 82/Con., dated- 08/02/2023, mentioning the following points:-
“X X X X
a. During site visit, no mining was found from the sand ghat and no signs of mining were found.
b. It was told by the Forest Divisional Officer that V.T.R. is about five km. from the place of inspection,
c. During the inspection, the villagers present were questioned about mining. It was told by the villagers that mining is not being carried out from here. It was also told by the villagers that there is ban on the mining of sand as well as soil from this area, due to which they are facing difficulties in constructing houses under the housing scheme. The Block Development Officer, Piparasi and Mining Development Department, West Champaran wére directed to provide proper information to the beneficiaries regarding buying sands from settlee or licensed stockiest.
The villagers were informed that this is a mining prohibited area. The District Magistrate gave strict instructions to the officials of the Mining Department that illegal mining should not be done from the ghats under any circumstances & must have zero tolerance for this.
d. The District Magistrate has also directed the Superintendent of Police, Bagaha to depute the force on 24X7 basis, setting up special check posts on the main road leading to the Ghat for this area.
e. During the inspection, Circle Officer, Piprasi and Police Station Officer Piprasi were instructed to keep a special vigil on the ghats prohibited for mining, so that mining could not take place. Instructions were given to keep a constant watch on these areas. District Magistrate has also instructed that in view of illegal mining, transportation and storage, continuous raids should be carried out. Continuous raid campaign against those who stock illegal sand should also be done. Trucks and tractors engaged in illegal mining should be seized and FIR should be lodged against them.”
The District Magistrate, West Champaran has further submitted in his response that he is regularly monitoring the agendas of Mines and Geology Development Department with all the stakeholders rigorously, especially prohibition of illegal sand mining from the eco sensitive zone and regular inspection is being done by the local level officers of Mines and Geology Department.
We have gone through the report of the Joint Committee and replies/responses filed. In the replies/responses it has been mentioned that illegal mining is being done six months ago and no illegal mining is being done at present. FIR No. 51/2022 is stated to have been registered in Police Station Piprasi against the persons alleged to have indulged in illegal mining. However, details of the investigation made, result of the same and the police report filed on completion on investigation have not been mentioned in the responses. However, the Joint Committee and the concerned respondents did not take any steps to identify the exact area within which illegal mining has been done, the quantity of sand illegally mined and have not taken any steps for imposition and realization of environmental compensation and reclamation/rejuvenation of the illegally mined area.
It may be observed that this Tribunal has issued directions in number of cases vide orders passed from time to time including order dated 26.02.2021 passed by this Hon’ble Tribunal in OA No. 360/2015 in the matter of National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) and as per directions given by this Tribunal Enforcement & Monitoring Guidelines for Sand Mining 2020 have been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC). Based on past experience and suggestions available, the requirements have been suggested for defining a mechanism for monitoring of mining activities which will help in identification of mining which is operating either illegally or are violating the regulatory provisions. Actions against illegal excavation and transport have also been suggested in the guidelines and the relevant part reads as under:-
“X X X X
9.6 Actions against illegal excavation and transport
Solapur district administration in Maharashtra had adopted a multi-pronged strategy to penalize the persons involved in illegal excavation and transport which resulted in a significant increase in revenue earned by the state. Following rules and procedures as mentioned in these guidelines will add to the costs of PP. Those involved in illegal activities are not required to bear these costs and this will make their supply in the market cheaper (though illegal). This will put the players running their business by following rules and procedures laid down by the government to disadvantage as far as the selling price is considered. Therefore, it is necessary to come down heavily on those involved in illegal excavation/transport, so that there is no incentive for players to abide by the rules.
The following action may be taken to achieve this deterrence against illegal business:
The action should be taken under all legal options available simultaneously. Thus, after identifying the case of illegal excavation, storage and/or transport of minor minerals (including sand), fine should be levied as per the land revenue laws/code(s) of the state. In addition, FIR should be lodged in the police station under relevant sections of law including sec 379 IPC. In addition, action under the Motor Vehicle Act, 1989 and relevant rules should initiate to cancel/suspend the driving license of the driver and permit of the vehicle. Further, action should be initiated under provisions in the Income Tax Act, 1961 for unaccounted income and under the Central Goods and Services Act, 2017 for non-payment of GST. (Earlier this was done under the state act pertaining to Value Added Tax/Sales Tax). Habitual offenders should also be taken up under local state laws for externment and/or preventive action. It is clarified that as per law, it is possible to take all actions under various laws simultaneously for one offence. What is prohibited in law is an action under the same law for the same act more than once.
The action should be taken against all persons responsible. Often, there is a tendency to penalize only the drivers of the vehicles. The mafia of illegal mining and transport is much bigger and drivers are only one part of the system. It is necessary to identify all those involved in the offence. It is usually not possible to reach the place of excavation without creating a motorable pathway up to the same through land which may be private land. Such role of such landowners needs to be looked into for each offence and proceeded against simultaneously. Further, the role of vehicle owners needs to be probed. Role of the person who allowed his land to be used for illegal excavation and storage should also be examined. Lastly, the person who purchases such sand should also be probed. The legal proceedings stated above needs to be initiated against all of these together. An attempt should be made to fix the financial responsibility in joint and several ways so that recovery is easier.
There may be discretion available in law about the extent of the penalty to be levied. If such discretion is very wide, then it is advisable that guidelines may be laid down to reduce such discretion in law for levying penalties. For example, in Maharashtra, Land Revenue Code, fine of any amount of penalty up to thrice the value of the sand can be levied. Solapur district administration had instructed Tahsildars and SDMs not to use discretion and levy the fine of three times the value. Availability of discretion makes junior level functionaries susceptible to pressures and it may also lead to corrupt practices.
It is emphasized that actions, as stated above, are most important to ensure that the IT-based system works. If these exemplary actions are not taken against everyone, it shall create a strong disincentive to those involved in legal excavation and transportation. For IT-based (or any other) legal system to work, it is necessary to ensure that illegal system stops working altogether.”
In view of the above the application is dispose of with directions as under:-
i.) The District Magistrate and the Superintendent of Police, West Champaran, Bihar are directed to take all requisite steps including setting up of check posts, installation of CCTV cameras and use of drones for ensuring that no illegal mining takes place in the eco sensitive zone in question;
ii.) The Bihar State Pollution Control Board (BSPCB) is directed to take appropriate proceedings against persons alleged to have indulged in illegal mining for imposition and realization of environmental compensation and utilization thereof for restoration of environment in the affected area.
iii.) The Superintendent of Police, West Champaran, Bihar is directed to issue appropriate instruction for completion of investigation in the FIR already registered expeditiously and taking of action against all involved in accordance with direction issued by this Tribunal in order dated 26.02.2021 passed by this Hon’ble Tribunal in OA No. 360/2015 in the matter of National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) and the Enforcement & Monitoring Guidelines for Sand Mining 2020.
iv.) Action taken report be filed by the Member Secretary, BSPCB, District Magistrate and the Superintendent of Police, West Champaran, Bihar within four months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.
A copy of this order be forwarded to the BSPCB, the District Magistrate and the Superintendent of Police, West Champaran, Bihar by email for compliance.